Australia: Queensland Government Bulletin – 9 July 2018

Last Updated: 12 July 2018
Article by Paul Venus, Stephen Burton, Suzy Cairney and Trent Taylor

Most Read Contributor in Australia, October 2018

In the media

AHRC: Modern slavery 'hidden in plain sight'
The Federal Government's proposed Modern Slavery Bill 2018 would require mandatory annual reporting by large businesses and organisations on the risks of modern slavery in their supply chains and operations. The Bill would also require the Federal Government to publish an annual statement covering possible modern slavery risks in Commonwealth procurement (03 July 2018). More...

Justice Project nears completion
The Justice Project team has been finalising a large number of recommendations, group-by-group priorities, overarching themes and chapters which will form the final Justice Project Report. Once complete, the Justice Project will be one of the most comprehensive and national reviews into the state of access to justice in Australia for people experiencing disadvantage (29 June 2018). More...

Prosecution Matter
The Attorney-General confirms a former staff member of the Australian Secret Intelligence Service and a Mr Bernard Collaery, a former staff member will be charged with an offence of conspiracy to communicate ASIS information, contrary to section 11.5 of the Criminal Code and section 39 of the IS Act (28 June 2018). More...

Witness K' and his lawyer charged over East Timor spying revelations
Lawyer Bernard Collaery, whose client exposed a secret Australian spying operation in East Timor, says a prosecution launched against them both is an attack on his profession, a "very brave and courageous veteran" and freedom of speech (28 June 2018). More...

Queensland's first Sentencing Guide launched
The Queensland Sentencing Advisory Council has launching the state's first sentencing guide, which follows a pilot project in South West Queensland which investigated ways to enhance engagement with rural and remote communities and help increase understanding of the sentencing process (26 June 2018). More...

Innovative court program begins in Cairns
Cairns has become the first centre outside Brisbane to operate the Court Link program, a new initiative designed to address and overcome the underlying causes of offending. Attorney-General Yvette D'Ath lauded the program, which is based on individual case management and monitoring (25 June 2018). More...

Queensland Legislation

Police Powers and Responsibilities and Other Legislation Amendment Bill 2018
The Legislative Assembly referred the Bill to the Legal Affairs and Community Safety Committee (the committee) for detailed consideration. The committee is required to report by 9 August 2018. More...

Claim farming submission update
Leading on from last week's update on claim farming, Queensland Law Society has now made its submission to the Motor Accident Insurance Commission (MAIC) (04 July 2018). More...

Supreme Court Practice
Practice Direction 8/2014 - Electronic devices in courtrooms (amended) – 27 June 2018.
Practice Direction 13 of 2018 - Non-party access to bail files before hearing – 27 June 2018.

OIC Queensland: 1 July increase to fees and charges
The application fee and processing charges for applications made under the Right to Information Act 2009 and the Information Privacy Act 2009 changed on 1 July 2018. More...

Queensland Sentencing Advisory Council: Queensland Sentencing Guide 2018 released
The Queensland Sentencing Guide has been developed as part of the Council's role to inform and engage Queenslanders on the complexities of criminal sentencing. The guide explains how Queensland courts sentence adults found guilty of an offence and also includes a glossary to help simplify language commonly used in the sentencing process (26 June 2018).

Queensland Sentencing Advisory Council: Call for submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your views on sentencing for child homicide offences. Community input into the review is important to ensure the views of Queenslanders can be taken into account by the Council in its advice to the Attorney-General. The Submissions deadline is 31 July 2018. Summary paper Consultation paper Make a submission

QAO Consultation: Delivery of shared services in Queensland
The objective of this audit is to assess whether the Queensland Government's shared service functions are delivering value for money now, and are well positioned to successfully deliver into the future. More...

Published – articles, papers, reports

Sentencing and treatment of juvenile sex offenders in Australia
Riddhi Blackley, Lorana Bartels; Australian Institute of Criminology: 05 July 2018
This paper examines sentencing and treatment practices for juvenile sex offenders in Australia and the challenges of reconciling the imperatives of rehabilitation, accountability and community protection. More...

Review of the operation of Schedule 5 to the Broadcasting Services Act 1992
Department of Communications, Information Technology and the Arts (Australia): 26 June 2018
This is the report of the Review of Schedule 5 to the Broadcasting Services Act 1992 (the Act), conducted by the Department of Communications, Information Technology and the Arts (the Department). Schedule 5 of the Act establishes the Online Content Co-regulatory Scheme (the Scheme), which commenced on 1 January 2000. More...

Reviews of the Enhancing Online Safety Act 2015 and the Online Content Scheme - discussion paper
Department of Communications and the Arts (Australia): 26 June 2018 This discussion paper is the starting point of two reviews inviting stakeholders and interested parties to provide their views about the Online Safety Act and the Online Content Scheme in Schedules 5 and 7 to the BSA, which regulates the internet industry and content services industry, in relation to prohibited and potentially prohibited content. More...

Advisory report on the Foreign Influence Transparency Scheme Bill 2017
Parliamentary Joint Committee on Intelligence and Security; Parliament of Australia: 26 June 2018
This advisory report examined the Bill to strengthen the transparency of foreign influence in Australia's political and government decision making. More...

Review of the operation of Schedule 5 to the Broadcasting Services Act 1992
Department of Communications, Information Technology and the Arts (Australia): 26 June 2018
Schedule 5 of the Act establishes the Online Content Co-regulatory Scheme (the Scheme), which commenced on 1 January 2000. More...

Investigation into child sex offender Robert Whitehead's involvement with Puffing Billy and other railway bodies
Victorian Ombudsman: 25 June 2018
People in positions of authority at Puffing Billy and other Victorian railway groups protected the reputation of their organisations at the expense of children who were sexually abused, the Victorian Ombudsman has found. More...

Senate Order for Departmental and Entity Contracts (Financial Year 2016–17 Compliance)
ANAO report No 49: 25 June 2018
The objective of this audit was to assess the appropriateness of the use and reporting of confidentiality provisions in a sample of Australian Government contracts. More...

Audit of complaints investigated by Professional Standards Command, Victoria Police
Independent Broad-based Anti-Corruption Commission (IBAC): 22 June 2018
This report identifies areas for improvement in Victoria Police's internal investigations of serious complaints concerning allegations, such as corruption and assault made about its officers. More...

Cases

Hutchison v Australian Securities and Investments Commission [2018] FCA 1002
ADMINISTRATIVE LAW – Appeal from decision of Administrative Appeals Tribunal – whether a decision to decline to require production of documents under s.37(2) of the Administrative Appeals Tribunal Act 1975 (Cth) is a decision within the meaning of s.44(1) – whether decision determinative –proposed appeal incompetent.
The application for production was made in the context of a broader review by the Tribunal of a decision made by the Australian Securities and Investments Commission (ASIC) to ban Mr Hutchison from the financial services industry.

'PD' and Australian Skills Quality Authority (Freedom of information) [2018] AICmr 57
Freedom of Information — Whether disclosure would disclose the existence or identity of a confidential source of information — Whether documents contain deliberative matter prepared for a deliberative purpose — Whether disclosure would unreasonably affect an organisation in respect of its lawful business affairs — Whether contrary to the public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss.11A(5), 37(1)(b), 47C and 47G.

Workers' Compensation Regulator v Pryszlak [2018] QCA 157
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where information was provided in support of the respondent's application for an extension of time within which to review the decision of the original decision-maker that was not available to the original decision maker – where, on judicial review, it was found that the appellant failed to consider the merits of the respondent's claim – whether the failure of the appellant to consider the merits of the respondent's claim involved a failure to consider relevant matter which thereby vitiated the appellant's decision.

Gundachar v Commissioner of State Revenue [2018] QCAT 189
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of a decision by the Commissioner of State Revenue under the Building Boost Grant Act 2011 (Qld) – where off the plan contract in respect of a staged development – where building work in respect of early stages started before 1 May 2013 – what constitutes building work for purpose of Act – whether building work under the contract started before 1 May 2013.

Richard Rudd and Civil Aviation Safety Authority (Freedom of information) [2018] AICmr 56
Freedom of Information — Whether disclosure would have a substantial adverse effect on the management or assessment of personnel — Whether disclosure of personal information is unreasonable — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 ss.11A(5), 47E(c) and 47F.

Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA 973
COPYRIGHT – application for an interlocutory injunction restraining reproduction and sale of house plans and building houses in accordance with the plans – allegation of copying house plans in infringement of copyright in the plans – prima facie case established – damages an adequate remedy – balance of convenience against grant of interlocutory injunction – application dismissed. Copyright Act 1968 (Cth).

AT v Bundaberg Regional Council [2018] QCAT 179
HUMAN RIGHTS – PRIVACY LEGISLATION –information privacy.

Legislation

Commonwealth

Acts

Copyright Amendment (Service Providers) Act 2018
Act No. 71 of 2018 – 04 July 2018.

National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018
Act No. 67 of 2018 – 03 July 2018.

Bills

Copyright Amendment (Service Providers) Bill 2017
Finally passed both Houses 28 Jun 2018 Assent Act no: 71 Year: 2018 29 Jun 2018 Amends the Copyright Act 1968 to extend the operation of the safe harbour scheme to a broader range of service providers, including educational institutions, libraries, archives, key cultural institutions and organisations assisting persons with a disability.

Broadcasting Legislation Amendment (Foreign Media Ownership and Community Radio) Bill 2017
Senate Third reading agreed to 28 June 2018 - Amends the: Broadcasting Services Act 1992 to: establish a Register of Foreign Ownership of Media Assets to be administered by the Australian Communications and Media Authority (ACMA); provide for new assessment criterion for the applications for, and renewals of, community radio broadcasting licences relating to material of local significance; and make consequential amendments; and Australian Communications and Media Authority Act 2005 to enable the ACMA to delegate the power to issues certain notices.

Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2018
House of Representatives Consideration in detail debate Amendment details: 2 Government agreed to; Third reading agreed to 27 June 2018 - Amends the: Australian Federal Police Act 1979 to clarify the functions of the Australian Federal Police to enable cooperation with international organisations and non-government organisations; Crimes Act 1914 to: clarify the custody notification obligations of investigating officials when they intend to question an Aboriginal person or Torres Strait Islander; create separate offence regimes for 'insiders' and 'outsiders' for the disclosure of information relating to controlled operations; remove an obsolete reference to the death penalty; amend procedural requirements relating to protections of the identity of a vulnerable witness or complainant in a criminal proceeding; authorise collection, use and disclosure of information for the purposes of preventing, detecting, investigating or dealing with fraud or corruption against the Commonwealth; and enable the New South Wales Enforcement Conduct Commission to use and disclose spent conviction information; and Criminal Code Act 1995 to increase the maximum applicable penalties for breach of the general dishonesty offences.

Foreign Influence Transparency Scheme Bill 2018
Senate Finally passed both Houses 28 June 2018 Assent Act no: 63 Year: 2018 29 June 2018 - Introduced with the Foreign Influence Transparency Scheme (Charges Imposition) Bill 2017, the bill establishes the Foreign Influence Transparency Scheme to: require registration by certain persons undertaking certain activities on behalf of a foreign principal; require registrants to disclose information about the nature of their relationship with the foreign principal and activities undertaken pursuant to that relationship; place additional disclosure requirements on registrants during elections and other voting periods; establish a register of scheme information and provide for certain information to be made publicly available; provide the secretary with powers to obtain information and documents; and establish various penalties for non-compliance with the scheme.

National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017
Senate Finally passed both Houses 28 June 2018 Assent Act no: 67 Year: 2018 29 June 2018
Amends: the Criminal Code Act 1995 to: amend existing, and introduce new, espionage offences relating to a broad range of dealings with information, including solicitation and preparation and planning offences; introduce new offences relating to foreign interference with Australia's political, governmental or democratic processes; replace the existing sabotage offence with new sabotage offences relating to conduct causing damage to a broad range of critical infrastructure that could prejudice Australia's national security; introduce a new offence relating to theft of trade secrets on behalf of a foreign government; amend existing, and introduce new, offences relating to treason and other threats to national security, such as interference with Australian democratic or political rights by conduct involving the use of force, violence or intimidation; introduce a new aggravated offence where a person provides false or misleading information relating to an application for, or maintenance of, an Australian Government security clearance; eight Acts to make consequential amendments; the Crimes Act 1914 and Criminal Code Act 1995 to replace certain existing, and introduce new, offences relating to secrecy of information; 20 Acts to make consequential amendments; the Telecommunications (Interception and Access) Act 1979 to amend the definition of a 'serious offence' to include the offences provided for by the bill; and the proposed Foreign Influence Transparency Scheme Act 2017 to amend the definitions of 'electoral donations threshold', 'general political lobbying' and 'political or governmental influence'.

Freedom of Speech Legislation Amendment (Security) Bill 2018
Senate Introduced and read a first time 27 June 2018; Second reading moved Amends the Australian Security Intelligence Organisation Act 1979, Crimes Act 1914 and Criminal Code Act 1995 to remove certain restrictions on speech.

Freedom of Speech Legislation Amendment (Insult and Offend) Bill 2018
Senate Introduced and read a first time 27 June 2018; Second reading moved. Amends 23 Commonwealth Acts to remove certain restrictions on insulting or offensive speech.

Freedom of Speech Legislation Amendment (Censorship) Bill 2018
Senate Introduced and read a first time 27 June 2018; Second reading moved Amends the Classification (Publications, Films and Computer Games) Act 1995 to remove the ban on publications, films and computer games that offend against standards of morality, decency and propriety; and Broadcasting Services Act 1992 to: remove bans on broadcasting, datacasting and online content, with a specific focus on bans affecting services provided behind paywalls; narrow the guidance provided by government to broadcasting industries and datacasting licensees in the development of codes of practice; remove certain restrictions on subscription television broadcasters and online content services relating to programs or content that has been or would be classified as X 18+, 'category 1 restricted' or 'category 2 restricted'; and remove a ban on broadcasting electoral advertising relating to a federal, state, territory or local election on election day or on the preceding Thursday or Friday.

Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018
House of Representatives Introduced and read a first time 28 2018; Second reading moved. Introduced with the Office of National Intelligence Bill 2018 to implement the recommendation of the 2017 Independent Intelligence Review to establish an Office of National Intelligence (ONI), the bill: repeals the Office of National Assessments Act 1977; amends 18 Acts to make consequential amendments; amends the Criminal Code Act 1995 to make amendments contingent on the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018; and provides for transitional arrangements.

Regulation

Privacy (Credit Reporting) Code 2014 (Version 2)
28/06/2018 - This instrument repeals and replaces the Privacy (Credit Reporting) Code 2014 (Version 1.2) to clarify obligations under the code, reflect current industry practice and ensure consistency with the provisions in the Privacy Act 1988.

Queensland

Subordinate legislation as made

No 100: Disposal of Unexecuted Warrants Regulation 2018 06/07/2018

Bills Updated in the last week

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Introduced by: Hon A Palaszczuk MP on 15/05/2018,
Stage reached: Report from Committee on 5/07/2018.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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